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DECISION No

DECISION No. 2901/2000/QD-BGTVT OF SEPTEMBER 29, 2000 PROMULGATING LIST OF COMMUNICATIONS AND TRANSPORT LICENSES/PERMITS STIPULATED IN LAWS, ORDINANCES AND DECREES, WHICH ARE STILL EFFECTIVE

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to Enterprises Law No.13/1999/QH10 of December 6, 1999;

Pursuant to the Government�s Decree No.03/2000/ND-CP of February 3, 2000 guiding the implementation of a number of articles of the Enterprises Law;

Pursuant to the Government�s Decree No.30/2000/ND-CP of August 11, 2000 on annulling a number of permits/licenses and converting some others into business conditions;

At the proposals of the director of the Legal Affairs- Transport Department and the heads of the relevant departments,

DECIDES:

Article 1.- To promulgate communications and transport licenses/permits stipulated in laws, ordinances and decrees, which are still effective, and regulations on the procedures, conditions, agencies competent to grant licenses/permits as well as their durations strictly according to the List issued together with this Decision.

Article 2.- This Decision takes effect as from October 1st, 2000.

Article 3.- The director of the Ministry�s Office, the director of the Legal Affairs- Transport Depart-ment; the heads of the Vietnam Land Road Administration, Vietnam Inland Waterway Administration and Vietnam Registry; the directors of the provincial/municipal Transport and Communications Public Works Services and the heads of the relevant agencies and units shall have to implement this Decision.

For the Minister of Communications and Transport

Vice Minister
PHAM THE MINH

LIST OF COMMUNICATIONS AND TRANSPORT LICENSES/PERMITS ALREADY STIPULATED IN LAWS, ORDINANCES AND DECREES WHICH ARE STILL EFFECTIVE

(Issued together with Decision No. 2901/2000/QD-BGTVT of September 29, 2000 of the Minister of Communications and Transport)

Legal bases

No.

Names of licenses/

permits

Laws, ordinances, decrees (quoted regulations)

Legal documents issued

by the Ministry of Communications and Transport (MoCT), including specific provisions on the procedures, conditions, agencies competent to grant licenses and licenses� effective duration

Licensees

Licensing procedures and conditions

Licensers

Licenses�

effective

duration

1

Driver- training licenses

The provisions of Clause 1, Article 31 of the Regulation issued together with the Government�s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety

The MoCT�s Decision No. 2597/1998/QD-BGTVT of October 19, 1998 promulgating the Regulation on management, training, examination and granting of driving licenses

Driver-training establishments set up by competent agencies, including driver-training schools and driver-training centers

According to the provisions of the MoCT�s Decision No. 2597/1998/QD- GTVT of October 19, 1998

MoCT

5 years for driver-training schools and 3 years for driver-training centers

2

Licenses for driving practice (accompanied with the "driving practice" board posted up in the front and at the rear of the vehicles

Provisions of Clause 1, Article 46 of the Government�s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety

The MoCT�s Decision No. 2597/1998/QD-GTVT of October 19, 1998 promulgating the Regulation on management, training, examination and granting of driving licenses

Motorized vehicles for driving-trainees

According to the provisions of the MoCT�s Decision No. 2597/1998/QD-GTVT of October 19, 1998

Vietnam Land Road Administration, provincial/municipal Communications and Transport Services as well as Public Works Services

1 year

3

Licenses for technical safety expertise of motorized vehicles

Provisions of Article 18 of the Government�s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety

The MoCT�s Decision No. 214/1999/QD-BGTVT of January 23, 1999 issuing the branch standards: standards for motorized vehicle-registry stations with registration number 22TCN 226-99

Motorized vehicle- registry stations

According to the provisions of the MoCT�s Decision No. 214/1999/QD-BGTVT of January 23, 1999 issuing the branch standards: standards for motorized vehicle- registry stations with registration number 22TCN 226-99

Vietnam Registry, Center for management of equipment quality and motorized vehicles

1 year

4

Operation licenses for inland ports and wharves

Provisions of Article 37 of the Government�s Decree No. 40/CP of July 5, 1996 on ensuring inland waterway traffic order and safety; and Clause 3, Article 30 of the Government�s Decree No. 171/1999/ND-CP of December 7, 1999 detailing the implementation of the Ordinance on protection of traffic works regarding inland waterway traffic works

The MoCT�s Decision No. 2046/QD-PC of August 6, 1996 on the Regulation for management of inland ports and wharves; Decision No. 3089/1999/QD-BGTVT of December 30, 1999 amending and supplementing a number of articles of the Regulation for management of inland ports and wharves

Domestic and foreign organizations and individuals conducting business activities in the exploitation of inland ports and wharves

According to the provisions of the Regulation issued together with the MoCT�s Decision No. 2046/QD-PC of August 6, 1996 and Decision No. 3089/1999/QD-BGTVT of December 30, 1999 amending and supplementing a number of articles of the Regulation for management of inland ports and wharves

The directors of the centrally-run inland waterway management sections shall grant licenses to cargo wharves on the routes under their respective management; the directors of the provincial/municipal Communications and Transport/Public Works Services shall announce and grant licenses to cargo and passenger ports and wharves on rivers and canals in localities

12 months for operation licenses of inland wharves

5

Special circulation permits (2 types: one for oversized and over-loaded vehicles and another for super-long and super-weight vehicles)

Provisions of Clause 1, Article 19 of the Government�s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety

The MoCT�s Circular No. 112/1998/TT-BGTVT of April 29, 1998 guiding the management and granting of special circulation permits for over-loaded and oversized vehicles as well as caterpillars on land roads

Oversized and over-loaded as well as super-long and super-weight motorized vehicles and caterpillars

According to the provisions of the MoCT�s Circular No. 112/1998/TT-BGTVT of April 29, 1998

- The directors of land road managing agencies shall grant permits for circulation of oversized and over-loaded vehicles throughout the country; the directors of the provincial/municipal Communications and Transport/Public Works Services shall grant permits for their circulation in the provinces and cities

- For oversized and over-loaded vehicles, the permits� duration shall be requested by the vehicles� owners, which, however shall not exceed 90 days

- For super-long and super-weight vehicles as well as caterpillars, the permits� duration shall depend on each cargo transportation which, in special cases, may be 30 days at most

6

Licenses for construction of land road- related works

Provisions of the Ordinance on protection of traffic works and the Government�s Decree No. 172/1999/ND-CP of December 7, 1999 guiding the implementation of the Ordinance on protection of traffic works regarding land road traffic works

The MoCT�s Decision No. 2923/QD-DB of November 2, 1996 on licensing the construction of land road- related works

Owners of land road traffic works

According to the provisions of the MoCT�s Decision No. 2923/QD-DB of November 2, 1996 on licensing the construction of land road-related works

The Vietnam Land Road Administration shall grant licenses to group A- B- and C- projects;

- The land road managing agencies, provincial/municipal Communications and Transport/Public Works Services shall grant licenses to the works for which the project elaboration is not required;

- The provincial/municipal Communications and Transport/Public Works Services shall grant licenses for construction of the locally-run roads

- The licenses� durations shall correspond to the works� construction durations already approved by the competent authorities